DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

JGP Electrical CQ Pty Ltd
(AG2015/2145)

JGP ELECTRICAL PTY LTD (SOUTHERN REGION) ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 26 MARCH 2015

Application for approval of the JGP Electrical Pty Ltd (Southern Region) Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the JGP Electrical Pty Ltd (Southern Region) Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 3 April 2015. The nominal expiry date of the Agreement is 3 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, JGP Electrical CQ Pty Ltd sought approval of the JGP Electrical Pty Ltd (Southern Region) Enterprise Agreement 2014-2018. The application for approval was contested by the Electrical Trades Union of Australia. The nature of the dispute centred on whether the enterprise agreement met the requirements of the Fair Work Act 2009 in terms of its provisions and procedural fairness in its formation.

The court was required to determine if the enterprise agreement was made in accordance with the provisions of the Fair Work Act, particularly focusing on the procedural fairness of the agreement's formation. This involved examining whether the employer had taken all reasonably practicable steps to ensure that employees were aware of, and had the opportunity to contribute to, the agreement's contents. The court also considered if the agreement contained mandatory terms and if it complied with the provisions of the Act regarding its content.

The Fair Work Commission held that the enterprise agreement was procedurally fair and met all statutory requirements. The Commission found that the employer had taken reasonable steps to ensure that employees were aware of the agreement and had an opportunity to contribute to its terms. The Commission also confirmed that the agreement contained all the mandatory terms required by the Fair Work Act and was not contrary to any of its provisions. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the JGP Electrical Pty Ltd (Southern Region) Enterprise Agreement 2014-2018, dismissing the objection raised by the Electrical Trades Union of Australia. The Commission's decision was based on the finding that the agreement was procedurally fair, contained all the mandatory terms, and complied with the requirements of the Fair Work Act.

JGP Electrical CQ Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established